Division 16 constitutes the Safety Regulations. The intent of this Division is to prescribe safety regulations for projects undertaken pursuant to this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Statutory Authorization. The legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon City of Mountain House authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of City of Mountain House does hereby adopt the following floodplain management regulations.

(b)

Findings of Fact.

(1)

The flood hazard areas of City of Mountain House are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(2)

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contribute to the flood loss.

(c)

Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1)

Protect human life and health;

(2)

Minimize expenditure of public money for costly flood control projects;

(3)

Minimize the deed for rescue and relief efforts associated with flooding and generally undertaken at the expense of public;

(4)

Minimize prolonged business interruptions;

(5)

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

(6)

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

(7)

Ensure that potential buyers are notified that property is in area of special flood hazard; and

(8)

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of Mountain House. The areas of special flood hazard identified by the Federal Emergency Management Agency or the Federal Insurance Administrator are those areas indicated in a scientific and engineering report entitled "Flood Insurance Study (FIS) for County of San Joaquin, November 1979," as amended, and shown on the accompanying Flood Insurance Rate Maps (FIRMs) as Zones A, AO, AE, A99, or AH, or on the Flood Boundary and Floodway Maps (FBFMs) as floodways, and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this Chapter. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to City of Mountain House by the Floodplain Administrator. The FIS, FIRMs and FBFMs are on file at the office of the City of Mountain House Department of Public Works.

(Ord. 2024-18, § 1(Exh. A), 2024)

The City of Mountain House Flood Control Engineer shall be designated as Floodplain Administrator and appointed to administer and implement this Chapter. The duties and responsibilities of the Floodplain Administrator shall include, but not necessarily be limited to, the following:

(a)

Permit Review. The Floodplain Administrator shall review all development permits to determine that:

(1)

The permit requirements of this Chapter have been met;

(2)

All other required local, state, and federal permits have been obtained;

(3)

The site is reasonably safe from flooding.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this ordinance, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one (1) foot at any point.

(b)

Use of Other Base Flood Data. When one hundred (100) year flood elevation data has not been provided or is inadequate in the Floodplain Administrator's opinion, the Floodplain Administrator shall obtain, review, and reasonably utilize any hundred (100) year flood elevation and floodway data available from federal, state, or other sources that he or she c the best available information.

(c)

Notification. Whenever a major watercourse is to be altered or relocated, the flood carrying capacity of the major watercourse shall be maintained. The Floodplain Administrator shall notify adjacent communities and the California Department of Water Resources prior to the significant alteration or relocation of a major watercourse. The Floodplain Administrator shall submit evidence of said notification to the Federal Insurance Administration.

(d)

Certifications. The Floodplain Administrator shall obtain and maintain for public inspection and make available the certifications required in Section 9-16-212.

(e)

Boundary Interpretations. The Floodplain Administrator shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard.

(f)

Determination Concerning Other Areas of Special Flood Hazard. The Floodplain Administrator shall determine, based on the best available information, those areas at risk of flooding and not identified by the Federal Emergency Management Agency or the Federal Insurance Administration, and shall consider these as areas of special flood hazard.

(g)

Violations. The Floodplain Administrator shall take action to remedy violations of this Chapter as provided in Chapter 2 of Division 19 of this Title.

(h)

Processing of Permits. The Floodplain Administrator shall perform the duties required for the processing of flood-related permits, including flood variances and appeals of the requirements of this Chapter.

(i)

Reporting of Flood Variances. The Floodplain Administrator shall report any flood variances to the Federal Insurance Administration upon request.

(j)

Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Mountain House, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

(k)

Requirement to Submit New Technical Data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the National Flood Insurance Program Administrator of the changes by submitting technical or scientific data in accordance with this part. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.

(Ord. 2024-18, § 1(Exh. A), 2024)

An application for any permit to develop within an area of special flood hazard shall include information considered to be necessary by the Floodplain Administrator to determine the potential flood hazard on the project site.

(Ord. 2024-18, § 1(Exh. A), 2024)

Within any area of special flood hazard, the following permits shall, where indicated, be obtained prior to the commencement of any construction or development:

(a)

Floodplain Encroachment Permit. A Floodplain Encroachment Permit shall be required for any project that would alter a watercourse.

(b)

Use Permit. A Use Permit shall be required for any project that would alter the location of a floodway.

(Ord. 2024-18, § 1(Exh. A), 2024)

The unincorporated community of Mountain House is an urban community as defined in the Government Code Section 65007. Development approvals for projects in Mountain House shall require flood protection findings as specified in Government Code Sections 65865.5, 65962, and 66474.5.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving an application for a permit to develop within a special flood hazard area, the Floodplain Administrator shall be provided with technical data to determine that the following are true:

(a)

Flood Fringe. In flood fringe areas, the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the one hundred (100) year flood more than one (1) foot at any given point.

(b)

Floodways. In floodways, the requirements of Section 9-16-216 have been met.

(c)

Watercourse Alteration. If the alteration of a watercourse or floodway is proposed, the proposed project will not reduce the flood-carrying capacity of said watercourse or floodway.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Flood Variance may be granted in accordance with the provisions of Chapter 17 of Division 8 of this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Planning Commission shall hear and decide appeals from actions of the Floodplain Administrator when it is alleged there is error in any interpretation, decision, or determination made by the Floodplain Administrator in the administration of this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

All new construction and substantial improvements to existing structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All mobile homes shall meet the anchoring standards of Section 9-16-215.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, construction within areas of special flood hazard shall comply with the following standards for materials and methods:

(a)

Materials and Utility Equipment. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(b)

Methods and Practices. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(c)

Equipment and Service Facilities. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(d)

Drainage. Within Flood Insurance Rate Map (FIRM) Zones AH or AO, adequate drainage paths around structures on slopes shall be required to guide flood waters around and away from proposed structures.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, the following standards of construction relative to elevation and flood proofing shall be complied with in areas subject to flooding:

(a)

Lowest Floor Elevation: Areas of Special Flood Hazard. All new construction and substantial improvements of any structure in areas of special flood hazard shall have the lowest floor, including basement, elevated to at least one (1) foot above the one hundred (100) year flood elevation. Non-residential structures may meet the standards in Subsection (c) below. Upon the completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered civil engineer or licensed land surveyor. Such certification shall be provided to the Floodplain Administrator.

(b)

Lowest Floor Elevation: Zone A or AO. All new construction and substantial improvement of any structure in FIRM Zone A or AO shall have the lowest floor, including the basement, elevated at least one (1) foot higher than the depth number specified in feet on the FIRM measured from the highest adjacent grade, or at least two (2) feet if no depth number is specified. Nonresidential structures may meet the standards in Subsection (c) below. Upon completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered civil engineer or licensed land surveyor.

(c)

Floodproofing: Non-Residential Construction. Non-residential construction shall either be elevated in conformance with Subsection (a) or Subsection (b) above or, in the alternative, together with attendant utility and sanitary facilities, shall:

(1)

Be floodproofed so that at least one (1) foot above the one hundred (100) year flood level, the structure is watertight with walls substantially impermeable to the passage of water;

(2)

Have structural components impermeable to the passage of water;

(3)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(4)

Be certified by a registered civil engineer or registered architect as having satisfied the standards of this subsection. Such certification shall be provided to the Floodplain Administrator.

(d)

Construction in Enclosed Areas Below Lowest Floor Level. In all new construction and substantial improvements to existing structures in areas of special flood hazard, enclosed areas below the lowest floor, which are used solely for parking of vehicles, building access or storage in an area other than a basement, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement shall be certified by a registered civil engineer or a registered architect. As an alternative, said designs may either have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding, or be certified to comply with the City's floodproofing standard that has been approved by the Federal Insurance Administration. Said certification shall be provided to the building official. Any openings shown in said design shall have the bottom of such openings no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other louverings, or devices that permit automatic entry and exit of flood waters.

(e)

Mobile Homes and Recreational Vehicles. Mobile homes and recreational vehicles shall meet the standards in Section 9-16-215.

(f)

Accessory Buildings. Nonhabitable buildings accessory to agriculture or accessory to residential use may be constructed at ground level without a flood variance. Permit applications for Accessory Structures will be reviewed on a case-by-case basis by the Floodplain Administrator for compliance with applicable FEMA Technical Bulletins.

(1)

The applicant shall provide evidence of recordation of a written notice that states that the accessory building is constructed with the lowest floor elevation below the regulatory flood elevation, is not for habitable use and can be used solely for parking or limited storage. Further, the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The notice shall be recorded with the office of the City of Mountain House Recorder in such a manner to make it appear in the chain of title of the affected parcel of land. For the purposes of this Section, accessory buildings shall not include buildings used for commercial or industrial purposes.

(g)

Aircraft Hangars. Aircraft hangars in FIRM Zone AO at the Stockton Metropolitan Airport may be constructed in compliance with Variance VR-01-2.

(Ord. 2024-18, § 1(Exh. A), 2024)

Utility systems shall comply with the following flood hazard reduction standards:

(a)

Water and Sanitary Sewage Systems. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

(b)

Waste Disposal Systems. Waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.

(b)

All subdivision plans shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

(c)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(d)

All subdivisions proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(e)

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

(Ord. 2024-18, § 1(Exh. A), 2024)

Mobile homes and recreational vehicles shall be subject to the following flood hazard reduction standards:

(a)

Single-Wide Mobile Homes. Single-wide mobile homes without expandos may be placed in an existing mobile home park in a floodway under the following circumstances:

(1)

The mobile home is replacing a mobile home which was in the space within the previous twelve (12) months;

(2)

The mobile home park property has been posted to conspicuously display the one hundred (100) year flood elevation;

(3)

A bond has been posted for possible damage caused to other property through negligence on the part of the park owner during a flood event. This requirement may be waived by the Floodplain Administrator if it can be shown that the park has other liability protection.

(b)

Installation Permits. Installation permits shall be issued by the State Department of Housing and Community Development (HCD) only after all conditions in Subsection (a) of this Section have been satisfied.

(c)

Recreational Vehicles. Require that recreational vehicles placed on sites within zones A1-30, AH, and AE on the community's FIRM either be on the site for fewer than one hundred eighty (180) consecutive days or be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.

(d)

Manufactured Home Floor Elevation.

(1)

Manufactured homes that are placed or substantially improved within areas of special flood hazard shall have the lowest floor elevated at least one (1) foot above the base flood elevation on a permanent or a temporary foundation with the entire foundation support system at or above the base flood elevation or an engineered support system designed to withstand flood forces, on the following sites:

(A)

Outside of a manufactured home park or subdivision;

(B)

In a new manufactured home park or subdivision;

(C)

In an expansion to an existing manufactured home park or subdivision; or

(D)

In an existing manufactured home park or subdivision which has incurred substantial damage as the result of a flood.

(2)

Manufactured homes that are placed or substantially improved within areas of special flood hazard on sites in an existing manufactured home park or subdivision that are not subject to the above provisions shall be elevated so that either:

(A)

The lowest floor is elevated at least one (1) foot above the base flood elevation; or

(B)

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and securely anchored in accordance with this Section.

(e)

Anchoring. Anchoring shall be to a permanent foundation system to resist flotation, collapse, or lateral movement.

(Ord. 2024-18, § 1(Exh. A), 2024)

Uses and structures within floodways shall be subject to the following flood hazard reduction standards:

(a)

Anchoring. All structures within floodways shall be constructed so as to remain in place during the one hundred (100) year flood.

(b)

Obstruction of the Floodway. All structures shall be designed to allow free passage of flood waters and minimize catching of debris.

(c)

Extraction of Sand, Gravel, and Other Materials. There shall be no stockpiling of materials, products, or overburden which may create an obstruction to the passage of flood flows or increase the velocity or elevation of water within the floodway.

(d)

Drainage and Flood Control Development. Drainage and flood control development shall be subject to the following conditions:

(1)

The net effect of any drainage or flood control structure, facility, channel, or other project or combination of projects placed or enlarged within a floodway shall be such that it does not increase the area, velocity, or elevation of flood waters within the floodway.

(2)

The governing agency having jurisdictional authority over new levee construction, levee modification, or levee maintenance shall condition the approval of said project so that no increase in the area, velocity, or elevation of flood waters within the floodway results.

(3)

In the absence of any other governing agency with jurisdictional control, the Floodplain Administrator shall have jurisdictional control over projects falling within this Subsection.

(4)

Notwithstanding the foregoing, existing levees which protect and delineate a floodway may be modified or maintained for the purpose of reducing the danger of flood damage to the lands or other property the levees are designed to protect.

(e)

Removal of Equipment and Stored Material. All moveable equipment and stored material shall be removed prior to a flood.

(f)

Bridges Spanning a Floodway. Bridges spanning a floodway shall have the bottom of the lowest horizontal member three (3) feet or more above the one hundred (100) year flood elevation for major streams and two (2) feet or more above the one hundred (100) year flood elevation for minor streams as determined by the Floodplain Administrator.

(g)

Encroachments. Any encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited unless certification is provided by a registered civil engineer demonstrating that encroachments will not result in any increase in flood levels during the occurrence of the one hundred (100) year flood discharge.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following uses and structures shall be prohibited within areas of special flood hazard:

(a)

Uses Prohibited Within Floodways. The following uses shall be prohibited within floodways:

(1)

Storage of hazardous materials, including, but not limited to, pesticides, radioactive materials, explosives, and other materials which may be hazardous to life, limb, or property when inundated;

(2)

Mobile homes and recreational vehicles not within parks with approved Evacuation Plans;

(3)

Double-wide mobile homes or expando mobile homes;

(4)

New cemeteries or expansion of existing cemeteries;

(5)

New sanitary landfills or expansion of existing sanitary landfills;

(6)

Water wells; and

(7)

Sewage wastewater facilities.

(b)

Structures Prohibited Within Floodways. All structures are prohibited within floodways, except that the structures listed below are allowed, if certification is provided by a registered civil engineer demonstrating that encroachments will not result in any increase in flood levels during the occurrence of the one hundred (100) year flood discharge and all other Floodplain Management provisions are satisfied.

(1)

Pumps, siphons, and appurtenances;

(2)

Fences, walls, signs, and other appurtenances;

(3)

Public and private docks, wharves, piers, and boat launching ramps;

(4)

Marinas, including ramps, gas pumps or docks, and other structures which must be located on, above, or immediately adjacent to a watercourse, provided there is no alternative to location in a floodway;

(5)

Pilings and other support structures;

(6)

Railroads, pipelines, utility lines, and public improvements such as roads and streets; and

(7)

Bridges.

(c)

Uses and Structures Prohibited Within Flood Fringe Areas. The following uses and structures shall not be permitted within flood-fringe areas:

(1)

New cemeteries;

(2)

Solid waste disposal; and

(3)

Hazardous waste facilities and other similar facilities.

(Ord. 2024-18, § 1(Exh. A), 2024)

No fence without reasonable access openings at least twenty (20) feet in width shall be constructed nor shall any structure or pole be erected within ten (10) feet of the landside or waterside levee toe or within twenty-five (25) feet of the top of either bank of any natural or manmade stream without obtaining the approval of the Department of Public Works. Before granting approval, the Department shall find that the proposal will not interfere with periodic maintenance work being performed by public or private bodies. The decision of the Department of Public Works may be appealed to the Planning Commission.

(Ord. 2024-18, § 1(Exh. A), 2024)